The city adopts by reference the provisions of the current rules
or rules as amended by the state board of health found in 25 Texas
Administrative Code, chapter 229, sections 161 through 171 and 173
through 175, regarding the regulation of food establishments in this
jurisdiction.
(1987 Code, ch. 6, secs. 2A, 2B; Ordinance 2006-365 adopted 6/12/00; 2001 Code, sec. 6.201)
means the employees of the regulatory authority.
means a food service establishment, a retail food store,
a mobile food unit, and/or a roadside food vendor.
refers to the City of Smithville.
means the city or its authorized agent.
means the state rules found at 25 Texas Administrative Code,
chapter 229, sections 161 through 171 and sections 173 through 175.
These rules are also known as the Texas Food Establishment Rules.
(Ordinance 2006-365 adopted 6/12/00; 2001 Code, sec. 6.202)
(a)
Any person who violates a provision of these rules and any person who is the permit holder of or otherwise operates a food service establishment who does not comply with the requirements of these rules and any responsible officer of that permit holder or those persons shall be fined in an amount as set forth in the general penalty provision in section 1.01.009 of this code.
(b)
The
regulatory authority may seek to enjoin violations of these rules.
(Ordinance 2006-365 adopted 6/12/00; 2001 Code, sec. 6.209)
(a)
A
person may not operate a food establishment without a permit issued
by the regulatory authority. Permits are not transferable from one
person to another or from one location to another location, except
as otherwise permitted by this article. A valid permit must be posted
in or on every food establishment regulated by this article.
(b)
A
food establishment operated solely by a nonprofit organization is
exempt from the permitting requirements of this article, but is not
exempt from compliance with state rules. The regulatory authority
may require any information necessary to determine whether an organization
is nonprofit for purposes of this exemption.
(Ordinance 2006-365 adopted 6/12/00; 2001 Code, sec. 6.203)
(a)
Any
person desiring to operate a food establishment must make a written
application for a permit on forms provided by the regulatory authority.
The application must contain the name and address of each applicant,
the location and type of the proposed food establishment and the applicable
fee. An incomplete application will not be accepted. Failure to provide
all required information, or falsifying information required, may
result in denial or revocation of the permit. Renewals of permits
are required on an annual basis and the same information is required
for a renewal permit as for an initial permit.
(b)
Prior
to the approval of an initial permit or the renewal of an existing
permit, the regulatory authority shall inspect the proposed food establishment
to determine compliance with state laws and rules. A food establishment
that does not comply with state laws and rules will be denied a permit
or the renewal of a permit.
(c)
All
fees collected for permits and/or inspections shall be made payable
to the city or its authorized agent in accordance with the fees established
from time to time by the city council.
(Ordinance 2006-365 adopted 6/12/00; 2001 Code, sec. 6.204)
(a)
Whenever
a food establishment is constructed or extensively remodeled and whenever
an existing structure is converted to use as a food establishment,
properly prepared plans and specifications for such construction,
remodeling or conversion shall be submitted to the regulatory authority
for review before work is begun. Extensive remodeling means that 20%
or greater of the area of the food establishment is to be remodeled.
The plans and specifications shall indicate the proposed layout, equipment
arrangement, mechanical plans and construction of materials of work
areas, and the type or model of proposed fixed equipment and facilities.
The plans and specifications will be approved by the regulatory authority
if they meet the requirements of the rules adopted by this article.
The approved plans and specifications must be followed in construction,
remodeling or conversion.
(b)
Failure
to follow the approved plans and specifications will result in a permit
denial, suspension, or revocation.
(Ordinance 2006-365 adopted 6/12/00; 2001 Code, sec. 6.205)
(a)
The regulatory authority may, without warning, notice, or hearing, suspend any permit to operate a food establishment if the operation of the food establishment constitutes an imminent hazard to public health. Suspension is effective upon service of the notice required by subsection (b) below. Whenever a permit is suspended, food operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within 20 days of receipt of a request for a hearing.
(b)
Whenever
a permit is suspended, the holder of the permit or the person in charge
shall be notified in writing that the permit is, upon service of the
notice, immediately suspended and that an opportunity for a hearing
will be provided if a written request for a hearing is filed with
the regulatory authority by the holder of the permit within ten days.
If no written request for hearing is filed within ten days, the suspension
is sustained. The regulatory authority may end the suspension at any
time if reasons for suspension no longer exist.
(Ordinance 2006-365 adopted 6/12/00; 2001 Code, sec. 6.206)
(a)
The
regulatory authority may, after providing opportunity for a hearing,
revoke a permit for serious or repeated violations of any of the requirements
of these rules or for interference with the regulatory authority in
the performance of its duties. Prior to revocation, the regulatory
authority shall notify the holder of the permit or the person in charge,
in writing, of the reason for which the permit is subject to revocation
and that the permit shall be revoked at the end of the ten days following
service of such notice unless a written request for a hearing is filed
with the regulatory authority by the holder of the permit within such
ten-day period.
(b)
If
no request for hearing is filed within the ten-day period, the revocation
of the permit becomes final.
(Ordinance 2006-365 adopted 6/12/00; 2001 Code, sec. 6.207)
(a)
Notices.
A notice as required in these rules is properly
served when it is delivered to the holder of the permit or the person
in charge, or when it is sent by registered or certified mail, return
receipt requested, to the last known address of the holder of the
permit. A copy of the notice shall be filed in the records of the
regulatory authority.
(b)
Hearings.
The hearings provided for in these rules shall
be conducted by the regulatory authority at a time and place designated
by it. Based upon the recorded evidence of such hearing, the regulatory
authority shall make final findings and shall sustain, modify or rescind
any notice or order considered in the hearing. A written report of
the hearing decision shall be furnished to the holder of the permit
by the regulatory authority.
(Ordinance 2006-365 adopted 6/12/00; 2001 Code, sec. 6.208)
